Cambodia is a country bordering Vietnam, has been Vietnam’s economic partner for many years. Vietnam is the fifth largest investor among the 50 countries and territories investing in Cambodia. It can be seen that the number of Vietnamese investors entering the Cambodian market is relatively large. To protect your business from infringement in Cambodia, you can apply for trademark protection for your products in there.
Cambodia has applied the first application rule (first to file). Accordingly, if there are many applications for registration of trademarks that are identical or similar, the rights to the trademark shall be granted to the person who has applied for the first registration at the Cambodian Ministry of Trade. Therefore, Investor in Cambodia should carry out trademark registration as soon as possible to protect your rights.
Procedures of Trademark registration
Enterprises need to prepare documents for trademark registration in Cambodia, including:
- Notarized authorization letter;
- 02 Trademark template documents
- Documents claiming priority right under the Paris convention (as if);
- In case the trademark has been registered for protection, you need to provide 01 additional copy of this Protection Title.
Note: Individuals or Enterprise may apply for trademark registration in Cambodia if they have a legal representative in Cambodia. If not, these applications must be filed through a trademark representative in Cambodia.
Time for examination of trademark registration applications:
- Formal examination: 1 month from the date of application;
- Content evaluation: 06 months from the date of publication;
- Time for degree granting will be: 02 months.
The trademark will take effect from the date of application.
Note: Each trademark application is only used for a group of products and services.
Validity of a Trademark Registration Certificate:
- The term of protection of trademarks in Cambodia is 10 years from the date of filing the application (or from the priority date, if any). The Trademark Certificate can be renewed many times, each for 10 years and the owner must pay a renewal fee. Applications for extension of validity of trademark protection may be filed late within 6 months from the expiry date and owners must pay a late filing fee.
- After 5 years from the date of filing a trademark application, the trademark owner must submit an “Affidavit of Use / Non-Use of Trademark”. If the trademark owner does not submit the Affidavit, the trademark will be suspended if requested by a third party.
Why you should use the service at LNP LAW?
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Our team of lawyers and experts are pleased to assist you with the legal procedures
For further, please visit our website: lnplegal.com
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